Thursday, November 29, 2012

Recruitment agencies must prioritise protection of migrant workers

At a time when Nepal's
development partners like World Bank and UN are suggesting the government for a
strong migration and remittance policy to take benefit from increasing
migration, Amnesty International has shown concern over Nepal Association of
Foreign Employment Agencies (NAFEA)'s activities.

"Nepal Association
of Foreign Employment Agencies is against the implementation of the existing
rules related to labour migration set by the Department of Foreign Employment,
which is a serious issue," said Amnesty International.

NAFEA officials have
been saying that 'stricter rules' in securing job permits from the department
had discouraged recruitment agencies from sending workers abroad. They claim
that the drop in migration figures reveals that many are now going abroad
through informal channels via India, contravening the law of the land.

"NAFEA’s remarks
are not helpful to the ongoing efforts by civil society, and governmental and
inter-governmental agencies to promote safe migration," said director of
Amnesty International Nepal Rameshwar Nepal, adding that the government's priority
should be to protect migrant workers, not ensure high profits for recruitment
agencies by processing migration applications as quick as possible.

"Procedures put in
place by the government aimed at reducing contractual deception, including
translation of contracts into Nepali, should, if implemented properly,
contribute towards reducing the widespread practice of recruiters trafficking
migrants for forced labour," he added.

Amnesty International’s
research clearly revealed that using informal migration routes puts migrant
workers at greater risk of exploitation. "If the drop in migration
correlates with an increase in migrants travelling via India to circumvent the
formal system, then this is indeed cause for concern," said Nepal, urging
better cooperation between agencies and the governments of both Nepal and India
to protect migrant workers, including penalties for rogue recruiters who
violate the law.

Amnesty International
has also called on all political parties to sign up to key safe migration
policies that will help protect millions of Nepalis, who go abroad for work.

This is an issue that
impacts the whole nation and needs a response that crosses party political
lines, according to Amnesty that said that it is no longer acceptable for
politicians to ignore the issue or for recruitment agencies to circumvent or
flout existing laws.

Amnesty International
has prescribed to ensure that laws banning excessive interest rates are
enforced, apart from ensuring the effectiveness of the Foreign Employment Act as
a tool against trafficking for exploitation and forced labour by punishing
recruitment agents violating the Act.

Similarly, it has
also asked to ensure that the complaint and compensation mechanisms are
accessible to migrants and their families and ensure women, who wish to
migrate, do not face discriminatory restrictions in the migration process, to
release reserves in the Welfare Fund to finance low interest loans for migrants
and enterprise assistance for returnees, and to ratify the UN Trafficking Protocol
and ensure Nepal’s domestic law on trafficking covers labour exploitation.